OpenLegislation

Section 241 Increase in sentence for aggravation related to disability , sexual orientation or transgender identityI1I2

United Kingdom

(1)

This section applies where a court or officer dealing with an offender for a service offence within subsection (2) is considering the seriousness of the offence.

(2)

A service offence is within this subsection if—

(a)

at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on—

(i)

the sexual orientation (or presumed sexual orientation) of the victim; F1...

(ii)

a disability (or presumed disability) of the victim; or

(iii)

F2the victim being (or being presumed to be) transgender, or

(b)

the offence is motivated (wholly or partly)—

(i)

by hostility towards persons who are of a particular sexual orientation; F3...

(ii)

by hostility towards persons who have a disability or a particular disability F4, or

(iii)

by hostility towards persons who are transgender.

(3)

The court or officer—

(a)

must treat as an aggravating factor the fact that the offence was committed in any of the circumstances mentioned in paragraph (a) or (b) of subsection (2); and

(b)

must state in open court that the offence was committed in such circumstances.

(4)

It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) whether the offender's hostility is also based to any extent on any other factor not mentioned in that paragraph.

(5)

In this section “disability” means any physical or mental impairment.

(6)

F5In this section references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.

Annotations

Textual amendments

F1

Word in s. 241(2)(a) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 65(12)(a), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)

F2

S. 241(2)(a)(iii) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 65(12)(b), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)

F3

Word in s. 241(2)(b) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 65(13)(a), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)

F4

S. 241(2)(b)(iii) and word inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 65(13)(b), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)

F5

S. 241(6) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 65(14), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)

F6

Words in s. 241 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 65(11), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)

Commencement

I1

S. 241 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2

S. 241 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Notes on the whole Act

Textual amendments

F1

Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)